An Ontario Municipal Board hearing on whether to dismiss an appeal of Abitibi-Consolidated’s proposal to separate the power dam from its mill here got underway this morning via videoconference at Confederation College.
The application of objection was filed in August by Toronto law firm Caley Wray, representing appellant Allan T. Bedard with the support of the Communications Energy and Paperworkers Union of Canada.
This was made in response to a set of 11 applications from Abitibi-Consolidated—all of which had to do with separating the mill’s power-generating assets from its pulp and paper assets here, which first went before the town’s committee of adjustment in July.
As of press time today, however, the OMB only had heard from Abitibi lawyer John Alati, who spent about three hours outlining why the OMB should approve the company’s motion to dismiss Bedard’s appeal.
Alati argued that Bedard’s appeal should be dismissed for two reasons.
Firstly, Bedard didn’t make an oral or written submission to the committee of adjustment prior to it approving Abitibi’s applications, or to town council prior to it approving the committee’s decision.
Bedard also failed to give a “reasonable explanation” as to why he didn’t make such submissions.
Alati noted notice of Abitibi’s applications were in the June 30 edition of the Daily Bulletin, and there was no reason Bedard or any other CEP member shouldn’t have seen it.
Secondly, Alati said Bedard does not provide “land use planning grounds” in his affidavit, meaning Bedard hasn’t presented any issue with zoning or official plans—just an objection to Abitibi splitting off a separate hydro generating asset.
That possibly could mean selling power back to the mill at a higher rate, in turn making the mill non-competitive—jeopardizing jobs and possibly resulting in closure.
Alati noted this objection is “speculative” and “based on assumptions,” and that the affidavit doesn’t speak to whether or not the property severances represent “good and effective planning.”
The hearing, which started at 9 a.m., was put on hold for a lunch break at 11:55 a.m. and then resumed at 12:55.
Caley Wray lawyer Ken Stuebing was expected to speak representing his client this afternoon.
The OMB is expected to make its decision by the end of the day.
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